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House of Representatives                                Ch 10                                                 p 364

Consideration in detail

After the bill has been read a second time, and if it is the wish of the House or Main Committee, the House or Committee proceeds to the detailed consideration of the bill. The function of this stage is the consideration of the text of the bill, if necessary clause by clause and schedule by schedule, ¹ the consideration of amendments, and the making of such amendments in the bill as are acceptable to the House or Committee. The powers of the House or Committee at this stage are limited. For instance, the decision given on the second reading in favour of the principle of a bill means that, at the detail stage, the bill should not be amended in a manner destructive of this principle, and an amendment which is outside the scope of the bill is out of order. ²

While the House or Main Committee should not amend a bill in a manner destructive of the principle affirmed at the second reading, they may negative clauses the omission of which may nullify or destroy the purposes of the bill. They may also negative clauses and substitute new clauses, such a procedure being subject to the rule that any amendment must be within the title or relevant to the subject matter of the bill, and otherwise in conformity with the standing orders of the House. ³

The title and the preamble (if any) are considered last. The reason for postponing the title is that an amendment may be made in the bill which will necessitate an amendment to the title. ⁴ The purpose of postponing the preamble is that the House or Main Committee has already affirmed the principle of the bill on the second reading, and therefore has to settle the clauses first, and then consider the preamble in reference to the clauses only. The preamble is thus made subordinate to the clauses instead of governing them. No question is put on the words of enactment at the head of the bill, ⁵ as these words are part of the framework of the bill.

The standing orders specify a strict order in which the parts of a bill should be considered— see ‘Bill considered clause by clause’ at page 368 . In practice, in the majority of cases the bill is taken as a whole or groups of clauses or schedules are taken together, by leave of the House— see ‘Bill considered as a whole, or by parts’ at page 371 .

S.O. 149. The House or Main Committee may decide to examine the bill in greater detail, e.g. paragraph by paragraph.

May, 23rd edn, p. 607.

S.O. 150(a). See VP 1974-75/863 for a proposed new clause ruled out of order as it did not come within the title nor was it relevant to the subject matter of the bill.

S.O. 150(d).

S.O. 149(c).